Effective – 02 Jan 1979 532.210. Prisoner may not be returned with writ, when. — Whenever, from the sickness or other infirmity of the person directed to be produced by any writ of habeas corpus, such person cannot, without danger, be brought before the court before whom the writ is returnable, the person in whose […]
Effective – 02 Jan 1979 532.220. Proceedings under section 532.210. — If, in the case mentioned in section 532.210, it appear that the prisoner is legally imprisoned and not bailable, such court shall proceed no further therein; if he ought to be held to answer for a bailable offense, an order shall be made and […]
Effective – 28 Aug 1939 532.230. Prisoner removed from county on writ, when. — No prisoner, charged with a criminal offense, shall be removed by a writ of habeas corpus out of the county in which he is confined, at any time within fifteen days next preceding the term of court at which such prisoner […]
Effective – 28 Aug 1939 532.240. Papers relating to commitment returned with writ. — When the party for whose benefit a writ of habeas corpus shall have been issued shall stand committed for any criminal or supposed criminal matter, it shall be the duty of the officer or person upon whom the writ was served […]
Effective – 02 Jan 1979 532.250. Judge or clerk to furnish examination, when. — If no such examination shall have accompanied the commitment, nor be in the possession of the officer having the prisoner in custody, such officer shall exhibit the writ of habeas corpus, when served on him, to the judge by whom the […]
Effective – 02 Jan 1979 532.260. Judge shall appear in person, when. — If no examination shall have been filed with the commitment, or filed in the office of the clerk of the court, as required by law, and none be produced by the committing judge, upon the exhibition of the writ of habeas corpus […]
Effective – 02 Jan 1979 532.270. Writ may issue when party about to be removed from state. — Whenever it shall appear by satisfactory proof that any person is illegally imprisoned or restrained of his liberty, and that there is good reason to believe that he will be carried out of the state, or suffer […]
Effective – 28 Aug 1939 532.280. Arrest of person having prisoner in charge. — When the proof shall also be sufficient to justify an arrest of the person having such prisoner in his custody, as for a criminal offense committed in the taking or detaining such prisoner, the warrant shall also contain an order for […]
Effective – 02 Jan 1979 532.290. Warrant, how executed. — The warrant shall be executed according to the command thereof; and when the prisoner shall be brought before a court, the person detaining such prisoner shall make a return in like manner, and the like proceedings shall be had as if a writ of habeas […]
Effective – 02 Jan 1979 532.300. Proceedings on return of writ. — If the person having such prisoner in custody shall be brought before a court as for a criminal offense, he shall be examined, committed, bailed or discharged, in like manner as in other criminal cases of like nature. ——– (RSMo 1939 § 1642, […]
Effective – 28 Aug 1939 532.310. A day to be set for hearing the cause. — Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or restraint, not exceeding five days thereafter, unless the prisoner shall request a longer time; or the […]
Effective – 02 Jan 1979 532.320. Answer to return, contents. — The party brought before any court, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show, either that his detention or imprisonment is unlawful, or that he is entitled to […]
Effective – 02 Jan 1979 532.330. Return and answer may be amended. — The return and the allegations made against it may be amended, by leave of the court before whom the writ is returned at any time, that thereby material facts may be ascertained. ——– (RSMo 1939 § 1618, A.L. 1978 H.B. 1634) Prior […]
Effective – 02 Jan 1979 532.340. Examination to be read when prisoner under criminal charge. — Where any person brought before any court upon a writ of habeas corpus shall have been committed for any criminal or supposed criminal matter, the examination and information, taken and certified by the committing judge, shall be read in […]
Effective – 02 Jan 1979 532.350. Evidence admissible on hearing — duty of judge. — When the offense is clearly and specifically set forth in the warrant of commitment, no evidence other than the examination taken and certified thereunto shall be received for or against the prisoner, unless such examination has not been taken and […]
Effective – 02 Jan 1979 532.360. Duty of court on final hearing. — The court shall proceed to examine into the cause of confinement or restraint, and shall settle the facts in a summary way, by hearing the testimony, as well on the part of the persons interested as of the prisoner, and the person […]
Effective – 28 Aug 1939 532.370. Duty of court in awarding custody of children. — In all cases where it shall appear from the evidence in any proceedings in habeas corpus, instituted between husband and wife for the custody of their children under the age of fourteen years, that by reason of insanity, drunkenness, cruelty, […]
Effective – 02 Jan 1979 532.380. Prisoner discharged, when. — If no legal cause be shown for the imprisonment or restraint, or for the continuation thereof, the court shall forthwith discharge such party from the custody or restraint under which he is held. ——– (RSMo 1939 § 1620, A.L. 1978 H.B. 1634) Prior revisions: 1929 […]
Effective – 28 Aug 1939 532.390. Who not entitled to benefit of this chapter. — No person shall be discharged under the provisions of this chapter who is in custody or held by virtue of any legal engagement or enlistment in the Army or Navy of the United States, or who, being subject to the […]
Effective – 28 Aug 1939 532.400. Parties held under judgment erroneous as to time and place, not entitled to writ. — No person shall be entitled to the benefit of the provisions of this chapter for the reason that the judgment by virtue of which such person is confined was erroneous as to time or […]
